1. UMass Lowell Mock Trial
Sponsored by: The Pre-Law Society

2. Introductions
Name, Major, Year, Mock Trial Experience, What you’re interested in (Lawyer or Witness)
Thomas Wood (President)
Rob Callahan (Co-Vice President)
James Christopher (Co-Vice President)
Lindy Reed (Secretary)
Paul Murphy (Treasurer)

3. UMass Lowell Pre-Law Society vs. Mock Trial
Organizes events for students
Ex: LSAT prep, current legal issues speaker series, British Debate event, trips to law schools & law school admission conventions, trips to Lowell Court, public speaking event, legal job preparation & networking, etc.
Meets every other Monday from 7:00-7:30 PM
part of the Pre-Law Society (a subsidiary)
Team competes each year in American Mock Trial Association tournaments
Members receive case materials and participate in a civil or criminal trial
Travels to other schools in New England to compete
Meets every Monday from 6:00-7:00 PM

4. What is Mock Trial?
Mock Trial is a simulated criminal or civil trial in lower court
Colleges participate nationwide and use case materials hosted by American Mock Trial Association (
We compete against other colleges and universities in the U.S.
Helps students develop critical thinking skills, public speaking skills, and practical knowledge of legal practices and procedures

5. Structure of a Trial Pre-Trial Matters
Opening Statement (Plaintiff statement, then Defense’s)
Plaintiff Case-in Chief
Direct Examination (performed by plaintiff attorneys) of 3 Plaintiff Witnesses
Cross Examination (performed by defense attorneys) of 3 Plaintiff Witnesses
Defense Case-in-Chief
Direct Examination (performed by defense attorneys) of 3 defense witnesses
Cross Examination (performed by plaintiff attorneys) of 3 defense witnesses
Closing Arguments (Plaintiff, then Defense, then Rebuttal)
Entire trial usually lasts about 2 ½ to 3 hours long and has two breaks about 5-10 mins. long each

6. Witnesses
When answering questions, speak to the judge, not the attorney
Keep your testimony consistent with what is on your affidavit
Do not allow other side to impeach, or discredit, you
Stay in your role (ex: if you use a Boston accent, keep up the accent throughout the entire trial)
Understand the theory and theme of the case, and tie them into your testimony
Know what role of importance your witness plays in the case (what your witness contributes, how they help or hurt your team’s argument)
KNOW YOUR AFFIDAVIT
Don’t invent facts (Unless you’re Sawyer Shaw or Riley Winter)

7. Attorneys
Understand the theory and theme of the case, and tie them into your direct and cross examinations
KNOW the case law and Rules of Evidence
Understand the role of, and what’s important about, your witnesses
Write out and perform direct examinations
Perform cross examinations
Have objection battles with the other team’s attorney
Be comfortable with speaking “off the cuff” (aka think on your feet, without having time to write out what to say)
Be confident and comfortable with public speaking
Enter pieces of evidence into court
Perform opening and closing statements

8. Opening Statements Witness Role/Responsibilities
Attorney Role/responsibilities
None
Just sit there, stay in character, and listen
Introduce yourself and co-council to the court
Present your theory (and “theme”) of the case
Tell the judge and jury what you expect the evidence will show, and which witnesses you will call
This is not an argument – You are not supposed to be argumentative or combative
Time Limit: 5 minutes each side

9. Direct Examination Witness Role/Responsibility
Attorney Role/Responsibility
Witness is called to the stand to give testimony under oath
Answer pre-scripted, pre- rehearsed questions their attorney asks them
Both attorney and witness should know the questions and answers to their own direct
Writes the direct examination, or questions to ask the witness, before the trial
Asks their witness open- ended questions
Has objection battles with the opposing team’s attorney

10. Some Common Objections
Relevance
Hearsay
Lack of foundation
More Prejudicial than Probative
Speculation
Argumentative
Badgering the witness
Council is Testifying
Leading the witness
Compound Question
Improper Character Evidence
If you object to the question, object before the witness gets to answer
Of you object to an answer given by a witness, object before attorney moves on

11. Cross Examination Witness Role/Responsibility
Attorney Role/Responsibility
Don’t get impeached
Try to prevent the attorney from making you seem unreliable or biased
Know the facts in your affidavit
Ask witness questions to extract 2 or 3 main flaws in this witness
In a cross, every question is a leading question
Cross attorney prevents the witness from controlling the conversation
Impeach the witness if they say something inconsistent with their sworn affidavit
Keep it short, get out fast

12. Closing Arguments None Just sit there, stay in character, and listen
Witness Role/Responsibility
Attorney Role/Responsibility
None
Just sit there, stay in character, and listen
Review the facts presented in trial
Quote what the witnesses said
No notes
Persuade the judge and jury why you’re right, and other side is wrong
Use testimony, facts, and evidence to state your argument
If you are the Plaintiff, reserve time for a rebuttal.
Time Limit: 9 minutes each side

13. This Year’s Case (Winter v. TBD Inc.)
Riley Winter was a Senior Writer for TBD Inc., an online Popular Culture Magazine.
On December 23, 2015, Winter was fired from Winter’s job at TBD.
Winter contends the termination violated the Midlands Age Discrimination Act.
Midlands Age Discrimination Act
It shall be unlawful for any employer to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his or her compensation, terms, conditions, or privileges of employment because of such individual’s age…

14. Case Law
O’Keefe v. Tunceli (1990) To establish liability under MADA, the plaintiff must prove 3 elements:
Plaintiff was a member of a protected class
Defendant took adverse employment action against the plaintiff.
Defendant took adverse employment action because of the plaintiff’s age.
Liaolo v. Ahmed (1985) Plaintiff is a member of protected class as long as the plaintiff was 40+ years old at time of employment decision.
Mourrain v. Thompson (1992) Termination of employment is an adverse employment action

15. What’s Next Important Case Law Strategy
Plaintiff: Liability Trial or Liability & Damages
Defense: Do we call Sawyer Shaw (CEO of TBD?)
Witnesses
Riley Winter & Sawyer Shaw
Expert Witnesses: Kramer, Sam Owens, Vic Fogel
Lay Witnesses: Plaintiff & Defense
Important Evidence (What evidence is inadmissible?)
Auditions will be on Monday September 19th at 6 PM in UXC 492
Volunteers?